Sunshine Loans Pty Ltd filed an application seeking the separate determination of certain questions related to the interpretation of the National Consumer Credit Protections Act 2009. The questions concerned whether the Australian Securities and Investments Commission (ASIC) had standing to bring proceedings for contraventions of certain provisions of the Credit Code pursuant to section 166 of the Credit Act. The court dismissed Sunshine Loans’ application, in part on the basis that a trial would still be required as ASIC sought relief under other provisions of the Credit Act.
Sophie Gibson (with M Wyles KC and A Collins) appeared for the respondent, instructed by O’Shea Lawyers.
The judgment is available here.